Property litigation specialist Greg advises on a wide range of commercial, residential and agricultural disputes.
Together with his general commercial property litigation work such as 1954 Act lease renewals, forfeiture and dilapidations, Greg is an expert in the casual dining industry and works with large national restaurant chains and landlords in the sector. His advice also includes property development issues such as conditional contracts, rights to light, and retention of deposits.
In relation to residential property, Greg assists with landlord and tenant issues, high-value land disputes, and residential possessions including high-value mortgage possession claims.
In relation to agricultural disputes, Greg has a focus on rural land disputes and agricultural tenancies (residential tenancies, farm business tenancies and licences) including possession proceedings. His rural land disputes work includes rights of way, prescriptive rights, nuisance, adverse possession and development issues.
Greg uses alternative dispute resolution wherever possible to resolve cases and has extensive mediation experience.
Greg is a qualified solicitor-advocate with Higher Rights of Audience (civil), with rights of audience in the High Court, Court of Appeal and the Supreme Court.
Expertise
- Commercial property disputes
- Commercial landlord and tenant
- Forfeiture, rent recovery and other enforcement methods
- 1954 Act lease renewals (disputed and undisputed)
- Dilapidations
- Break options
- Breach of quiet enjoyment and derogation from grant disputes
- Agricultural tenancies
- Rural land disputes
- Tenancy insolvency issues
- Breaches of leasehold covenants/restrictive covenants
- Property sale disputes
- Property development issues including conditional contracts and overage clauses, rights to light, retention of deposits and modification of covenants
- Rights of way and adverse possession
- Squatters
- Professional negligence against property professionals such as builders, surveyors, architects and property lawyers
- TOLATA and proprietary estoppel claims for beneficial interests
- Residential possessions
- Property advisory work
Experience
Commercial Property Disputes
- Advised a large group of landlord companies across a portfolio of properties with retail and leisure tenants affected by closure due to COVID-19. Advice included the effect of the moratorium on forfeiture in the Coronavirus Act 2020, issues caused by tenant insolvency and CVAs, and negotiating and drafting an agreement across 20 sites tenanted by a large national restaurant chain.
- Acted on behalf of individuals and BVI companies in a High Court claims (Galazi & Anor v Christoforou & Ors HC-2016-001224 & BL-2018-001875) concerning monies entrusted for investment in central London property. The claims were concerned with the misappropriation of substantial sums in rental and other income, the unauthorised sale of one of the properties, and the unauthorised transfer of security in one of the properties.
- Successfully represented the Respondent in the Court of Appeal (Bright Asset Ltd v Simon Lewis [2011] EWCA Civ 122) following a trial regarding an agreement entered into between a shareholder and managing director.
- Advised a property investment group in relation to a multi-million-pound set of disputes across their portfolio including fractional ownership issues, recission of sale contracts, negligence of previous advisers, contract variations and the administration of developers. This included High Court proceedings in relation to applications by administrators (of an uncompleted development invested in) for the sale of property, the recovery of purchase monies and the priority of the client’s security over investment properties.
- Advised two large national restaurant chains in relation to a site share of a prime London site (worth in excess of £400K per annum) resulting in a successful negotiation for the clients with the landlord.
- Advised a large international (Holland-based) logistics client in relation to an early break on a lease for a very large warehouse in Essex. This included advice in relation to giving vacant possession in a way which ensured that the break was effective and the client was not held into the remaining term (as per Marks and Spencer plc v BNP Paribas) resulting in an unwanted lease with a total remaining value in excess of £3m. A further beneficial settlement was then negotiated in relation to dilapidations which involved repairs alleged in excess of circa £200K–£300K.
- Extensive experience of advising casual-dining restaurant chains and landlords in the sector in relation to a wide range of commercial landlord and tenant issues including lease renewals, dilapidations, rent review, break notices, alienation and consents to carry out works.
Agricultural Property Disputes
- Successful appeal in the Upper Tribunal (T Hilling & Co Ltd Re Tixley, Hookstone Lane [2016] UKUT 60 (LC)). The case involved a fair rent under the Rent (Agriculture) Act 1976 and the appeal was successful on the sufficiency of reasons ground. The Upper Tribunal also considered the scope of the FTT’s jurisdiction under Part IV of the Rent Act 1977 when a party objects to the rent registered by a rent officer. The appeal has been the subject of several articles.
- Acted for clients in a discharge/modification of covenant claim (restrictive covenant relating to erection of wall or fence in a rural location) in the Upper Tribunal (Davie & another, Re: 15 Arun Vale [2016] UKUT 0462 (LC)). Subsequently acted in the related costs proceedings.
- Acted for a large farm park in the Land Registration Division of the Property Chamber (First-tier Tribunal) in relation to a claim for a prescriptive right of way over neighbouring land to allow access for commercial vehicles. A successful settlement was negotiated on the first day of trial.
- Acted for the landlord, including appearing as the advocate, in the First-tier Tribunal (Property Chamber) in the determination of a Fair Rent payable by a tenant protected by the Rent (Agriculture) Act 1976 (Case Ref: CHI/43UJ/F77/2015/0033).
- Advised a large agricultural landowner in relation to succession rights of agricultural tenants.
- Advised a landlord regarding moving a protected agricultural tenant to a new property to allow the landlord to use the currently occupied property for himself/his family.
- Acted in a large number of rural land disputes including claims regarding rights of way, prescriptive rights, nuisance (including nuisance caused by drainage from neighbouring land), adverse possession, licences (including grazing licences), rights to light and possession of property.
Residential Property Disputes
- Acted for the leaseholder-owned landlord company of a large residential London block in relation to claims in the First-tier Property Tribunal (with over 100 respondents) regarding fire safety issues including cladding replacement, wooden balconies and unsafe cladding. This includes advice and claims in relation to the Building Safety Act 2022, Remediation Contribution Orders against developers and PAS9980 fire risk appraisal.
- Successful settlement of a case involving an investment into a £3m property fraud (which came to light following the death of the fraudster). The money was invested via a third party who had given a personal guarantee.
- Secured a beneficial settlement for a client in relation to a portfolio of properties worth approximately £2.5m originally subject to foreign court orders and subsequently two appeals in the foreign jurisdiction. The litigation then proceeded with beneficial interest claims in England.
- Acted for a professional landlord against a neighbouring freeholder and their insurer in relation to several residential properties for loss of rent caused by fire damage blocking the only access to the flats for a period in excess of three years. The matter eventually settled and a six-figure sum was obtained for the client.
- Appeared as the advocate in the High Court for the defendant to an unspecified damages claim made by the defendant’s tenant. The claim involved multiple parties including an international telecoms company and a local authority. Succeeded in having the claim struck out and obtained an order for the client’s costs to be paid by the claimant.
- Regularly instructed by a well-known national letting agency, advising them on all matters relating to residential tenancies including possessions (using accelerated and standard procedures), rent arrears, dilapidations, interference with goods, and access/inspections.
Please note: The experience list above may include examples of work completed prior to joining Keystone Law.
Recognition
Recognised by The Legal 500 for Property Litigation (2022-2024)
“Greg Barnbrook provided consistent and ongoing support in a complex case.” The Legal 500 2023
“Greg Barnbrook is an excellent solicitor with a commercial mind and a fierce persona in protecting his client’s interests.” The Legal 500 2023
“Greg Barnbrook was always helpful and would ensure we fully understood our position and options at every stage of the process.” The Legal 500 2023
“Greg Barnbrook and his colleagues are a pleasure to work with. His ability to clearly articulate the law to his clients is highly valued and we appreciate his counsel. He is always very prompt and professional – we look forward to continuing working with Greg.” The Legal 500 2022
Recognised in The Legal 500 (2016 to 2020) for Property Litigation
“Greg Barnbrook’s understanding of the restaurant sectors is second to none and he is particularly commercially-minded when crafting solutions.” The Legal 500 2019
Member of the Property Litigation Association
Member of the Solicitors Association of Higher Court Advocates
Career
Greg qualified as a solicitor in 2008. Prior to joining Keystone Law in 2020, he worked at the following firms:
- Fletcher Day
- Setfords
- Colemans-Ctts
- Hallett & Co